DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02129-03
2 September 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 August 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You were discharged without
The Board found that you served on active duty in the Navy from
12 April 1983 to 3 December 1985,
when you were discharged by
reason of physical disability.
entitlement to disability benefits administered by the
Department of the Navy, based on the determination of the
Physical Evaluation Board,
acting for the Secretary of the Navy,
that your disability was the result of intentional misconduct or
willful neglect.
contained in records available to the Board, it was constrained
to apply the presumption of regularity that attaches to official
As you have not demonstrated that your disability was
records.
incurred in the line of duty,
the Board was unable to recommend
As the basis for that determination is not
any corrective action in your case. Accordingly, your
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
You are entitled to have
In this regard,
Sincerely,
Executive Di
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